Jaidev Thackeray, the estranged son of late Shiv Sena founder Balasaheb Thackeray, on Friday withdrew his challenge to the 'will' of the deceased leader. This allows the senior Thackeray's properties and estate be given to his son Uddhav Thackeray and four others.
In an affidavit filed before the Bombay High Court, Jaidev stated that he wants to 'close' the opposition to the probate. He simply no longer wants to oppose the proceedings, he said.
Justice Gautam Patel, who has been hearing the plea filed by Jaidev, took the affidavit on record and said, "Whatever, the word used in the affidavit the consequence in law is only one. The caveat will have to stand discharged, rival contentions are not adjudicated. Registry will issue probate by November 26.
Bal Thackeray passed away in November 2012. Uddhav, who was anointed party's executive president by his father, had moved the Bombay High Court in January 2013 to probate Thackeray's will. A probate petition is filed to get the will of a deceased person certified by a court of competent jurisdiction. A probate is granted with the court seal and has a copy of the will attached to it.
DNA was the first to report on Jan 20, 2014, that Thackeray, in his will, had bequeathed majority of his property to his youngest son, Uddhav. The family estate, left behind by Thackeray, includes properties and bank deposits worth Rs 14.85 crore, according to the will. However, Jayadev's contention is that the real value is higher. As per the will, dated December 13, 2011, except for the first floor of the three–storey Matoshree bungalow, all his properties have been bequeathed only to Uddhav Thackeray and his immediate family.
While the first floor of the family bungalow has gone to Aishvarya – son of Jayadev and his now divorced wife Smita, nothing has been given to either of Aishwarya’s parents. Same is the case with Uddhav’s eldest brother Bindumadhav’s immediate family – his wife Madhavi and their son Nihar - who haven’t been given anything in the will.
Jaidev had moved the High Court in 2013, soon after the demise of Thackeray. He examined several witnesses including media persons and those who stood witness to the 'will' prepared by Thackeray, to prove his case that it was not genuine. The court had framed two issues to test his challenge. The first issue is whether the will was executed and attested by late Thackeray. "Whether the deceased (Thackeray) was of sound and disposable mind at the time of executing the will," is the second issue. The last issue is "whether Uddhav is entitled to probate of the will."
Jaidev was also examined to build his case.
